USPTO Patent Subject Matter Eligibility Guidelines 2019


This practice note summarizes the United States Patent and Trademark Office (USPTO) 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50 (Jan. 7, 2019), and October 2019 Update: Subject Matter Eligibility (notice published at 84 Fed. Reg. 55942 (Oct. 18, 2019)), both of which have now been incorporated into the Ninth Edition, Revision 10.2019 (revised June 2020) of the Manual of Patent Examination Procedure (MPEP), and particularly Sections 2103 through 2106.07(c). This note provides a synopsis of the guidelines in the form of a chart, discusses how the guidelines have been applied, and provides tips for drafting patent applications and arguing against USPTO rejections in view of the guidelines.